DEP AGREEMENT NO. MV055 AMENDMENT NO. 1DEP AGREEMENT NO. MVO55
AMENDMENT NO. 1
THIS AGREEMENT as entered into on the 18`�' day of August, 201 l, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP")
and the CITY OF CLEARWATER (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended.
WHEREAS, to continue providing pumpout services an extension is necessary; and,
WI�REAS, the Grantee has requested and the Department has agreed to an extension for the continuation
of the pumpout services; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph 4A is hereby revised to change the completion date of the Agreement to August 17, 2013.
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $33,188.00
towards the Total Project Cost as described in Attachment A-1, Revised Scope of Work and
Conditions. This Agreement may be amended to provide for additional services if additional
funding is made available by the U.S. Fish and Wildlife Service and/or the Florida Legislature.
B. Prior written approval from the Department's Grant Manager shall be required for changes
between approved task amounts that do not exceed 10% of the Total Project Budget. The DEP
Grant Manager will transmit a copy of the written approval and revised budget to the DEP
Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement
file. Changes greater than 10% will require a formal amendment to the Agreement.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of deliverables identified in Attachment A-2, in
accordance with the schedule therein. Costs directly associated with the proper collection and
disposal of sewage from recreational boaters for removal and disposal by sewage haulers will be
reimbursed at the rate approved by the Department as identified in Attachment A-2.
i. Reimbursement shall be requested utilizing Attachment B, Grant Payment/Match
Request Form. T'he Grantee must also include; an itemized listing (by deliverable) of all
expenditures claimed, including the dates of service.
ii. The Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein.
All bills for amounts due under this Agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof.
iii. The Grantee shall submit a final invoice to the Department no later than August 31, 2013,
to assure the availability of funds for final payment. Each payment request submitted shall
document all matching funds and/or match efforts (i.e. in-kind services) provided during the
period covered by each request. The fmal payment will not be processed until the match
requirement has been met.) Upon approval and payment of the final invoice, any remaining
funds will be unencumbered. No travel expenses are authorized under the terms of this
Agreement.
DEP Agreement No. MVO55, Amendment No. 1, Page 1 of 4
D. For the purchase of goods or services costing more than $2,500 and less than $100,000 the
Grantee shall obtain at least two written quotes. The quotes must be submitted to the Department
for review and approval of the quote amount prior to the commencement of any work under this
Agreement. Written quotes shall be for items that are alike in function, operation and purpose.
An explanation must be provided whenever the Grantee proposes the use of a vendor quoting
other than the lowest price. The Department has the right to reject all quotes and require
additional documentation supporting the anticipated Project costs. The Department shall make no
reimbursement from grant funds until this documentation has been provided and approved. Any
purchase over $100,000 shall comply with the procurement requirements described in 43 CFR
12.76.
E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the
form of cash or third party in-kind, on the part of the Grantee. T'he match expended by the
Grantee shall be at least 25% of the total amount actually expended on the Project. All cost
sharing/match shall meet the federal requirements established in 43 CFR, Part 12 and OMB
Circulars A-87 (2 CFR 225), A-122 (2 CFR 23U) and A-21 (2 CFR 220).
F. The Grantee may also be required to submit a cost allocation plan to the Department in support of
its multipliers (overhead, indirect, general administrative costs, and fringe benefits} if applicable.
State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%SF�;uide and
allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45
CFR Part 74, at http://www.access.gpo.�ov/nara/cfr/cfr-table-search.html and OMB Circulars A-
87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be
found in OMB Circulars A-102 and A-I10 (2 CFR 215) at
http://www.whitehouse.�ov/omb/circulars/index.html#numerical.
G. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement, the following cost principles are
incorporated by reference.
Organization Type Applicable Cost Principles
State, local or Indian tribal government. OMB Circulaz A-87 (2 CFR 225)
Private non-profit organization other than OMB Circular A-122 (2 CFR 230)
(1) an institution of higher education, (2)
hospital, or (3) organization named in
OMB Circulaz A-122 as not subject to that
circulaz.
Education Institutions OMB Circular A-21 (2 CFR 220)
For-profit organization including an 48 CFR Part 31, Contract Cost Principles and
organization named in OMB A-122 as not Procedures, or uniform cost accounting standards
subject to that circular. that comply with cost principles acceptable to the
federala enc .
Hospital 45 CFR Subtitle A- Appendix E to Part 74-
Principles for Determining Costs Applicable to
Research and Development Under Grants and
Contracts with Hospitals
H. Any State agency or agency of a political subdivision of a State which is using appropriated
Federal funds shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA
Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or
where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or
more. RCRA Section 6002 requires that preference be given in procurement programs to the
DEP Agreement No. MVO55, Amendment No. 1, Page 2 of 4
purchase of specific products containing recycled materials identified in guidelines developed by
EPA. T'hese guidelines are listed in 40 CFR 247.
L 1. The Grantee's accounting systems must ensure that these funds are not commingled with
funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a progam-by-program or a
project-by-project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish
a system to provide adequate fund accountability for each project it has been awarded.
2. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund, either in whole or in part, of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. T'he Grantee, upon such written notification from the Department shall
refund, and shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Boazd of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the payment(s) are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
-- Paragraph 13A is hereby revised to delete the second sentence.
---- Paragraph 13 is hereby revised to add the following as subparagraph E:
E. The Grantee agrees to follow the affirmative steps identified in 43 C.F.R 12 for its selection of
subcontractors and retain records documenting compliance.
-- Attachment A, Scope of Work and Conditions is hereby deleted in its entirety and replaced with
Attachment A-1, Revised Scope of Work and Conditions, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-1,
Revised Scope of Work and Conditions.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MVO55, Amendment No. 1, Page 3 of 4
. t
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
CITY OF CLEARWATE
By:
tie: ►
* i ia . o
��City Manager
T..�,..
.- �P�t9tLCn ���.�.�1
George N. Cretekos
Mayor ��OF THE C'/A
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.�c�..� ` u�. ��-�_ �. ,��, ��
Rosema ' C 11 v' j ��
City 1 k %/ �r�
App oved to fo � � �
' �
� .
Cami o A. Soto
Assistant City Attorney
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By; �
Secretary or Designee
Date: /�� 3� � � ?°
�2�0� G�em�, a.rr.,� _
Brenda Leonard, DEP Grant Manager
�
��
� ��� ��
Contracts Administrator
Approved as to form and legality:
a��ti � ��
DE Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specifv Type Letter/Number Description (include number of pa�
Attachment A-1 Revised Scope of Work and Conditions (3 Pages)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement Na MVO55, Amendment No. 1, Page 4 of 4
ATTACHMENT A-1
Clean Vessel Act Grant Program
Revised Scope of Work and Conditions
Operations, Maintenance and Repair of Pumpout
PURPOSE
The purpose of the Clean Vessel Act Grant Program is to establish or restore pumpout facilities that are operational
and accessible to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85, Subpart D- Conditions on Use/Acceptance of Funds, for the Agreement
period. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds.
This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the
Deparhnent to the Grantee. T'he Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award
in an amount not to exceed $33,188.00 for satisfactory completion of the project outlined herein and the Grantee
agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA11-615,
and provide a minimum 25% non-federal matching funds. T'he project is located at 25 Causeway Boulevard,
Clearwater, Florida 33767.
CONDITIONS OF THE PROJECT AGREEMENT
Project Reimbursement
1. Match documentation shall be provided in accordance with instructions and on Attachment B, Grant
Payment/Match Request Form. Any credit for the match by the Grantee shall be based on forms completed
and documented to the satisfaction of the Department. .
2. Grantee invoices must be accompanied by all required deliverables as identified in this Attachment and all
documentation as outlined in Paragraphs S.B. through S.E. of the Agreement. The Department shall have
thirty (30) days to review and approve all invoices and deliverables. Upon review and approval of the
required deliverables, the Grant Payment/Match Request Form and required documents, the Department
will process the request for payment.
3. The final request shall be accompanied by a completed and signed Pumpout Project Certification of
Completion Form which is provided by the Clean Vessel Act Grant Program as part of the grant award
package mailed to Grantee, a copy of the Pumpout Station Operational Plan, and a copy of the Pumpout
Log.
Project Requirements
Pumpout facilities will be designed and operated in accordance with state and local health regulations.
2. Each pumpout facility or dump station funded under this Agreement shall be open and available to the
recreational boating public. Each pumpout facility, pumpout vessel, or dump station shall be operated,
maintained, and continue to be reasonably accessible to all recreational vessels for the full term of this
ageement period as set forth in Paragraph 4.A of the Agreement.
The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations under a
Pumpout Station Operational Plan that specifies hours of operation, maintenance. principles, methods in
determining volume of material pumped including the use of flow meters as may be necessary,
informationaUeducational materials on pumpout operation and assurances that the pumpout facility,
pumpout vessel, or dump station will be used solely for the collection of recreational boat sewage.
Pumpout vessels are to be used solely for the collection and hauling of recreational boat sewage. T'his plan
wili be submitted to the Department with the Pumpout Project Certification of Completion.
DEP 55-240 (4/12)
DEP Agreement No. MVO55, Attachment A-1, Page 1 of 3
4. The location of each pumpout facility, pumpout vessel, or dump station will be continually identified
through informational markers using the International Pumpout Symbol on a sign of at least three feet by
four feet (3 x 4') in size. Any informational markers should be located on a dock or on land clearly visible
from the waterway. Any informational markers located in the waters of the state shall be with prior
approval of the Florida Fish and Wildlife Conservation Commission as required by permitting procedures
established by Florida Statutes and the Florida Administrative Code.
5. Informational placards stating fees, hours of operations, instructions, and operator name and telephone
number shall be posted in a clearly visible location at the pumpout location. The placard shall have posted
emergency phone numbers for reporting service problems and shall include the following statement:
Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection.
6. Pumpout facilities, pumpout vessels, or dump station services will be provided free of charge or for a fee
not to exceed $5 per vessel. Fees greater than $5 requires prior written cost justification approval by the
Department. If fees are collected, such proceeds shall be accounted for, and used by the operator
exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials.
An accounting of all fees collected will be provided with the quarterly log described below.
7. T'he pumpout facility operator shall maintain a pumpout log to be submitted to the Department no later than
fifteen (15) days of each calendar quarter following the quarter during which the execution of this
Agreement occurred. The log shall document use of the equipment by number of pumpout services events,
gallons pumped, number of out of state vessels pumped, fees charged, and maintenance, labor, or other
operational costs incurred.
8. The Grantee shall provide marine sanitation and pumpout information for boat owners and training for
pumpout operators. These services may be provided through such methods as informational materials, on-
site instruction or audio-visual methods by the marina owner/operator, equipment vendors, harbormaster or
local government personnel.
TASKS/DELIVERABLES FOR PROJECT REIMBURSEMENT
The following is a schedule of tasks/deliverables and budget detaii for the completion of the tasks required to
complete this project. Prior written approval from the Department's Grant Manager shall be required for changes
between approved task amounts that do not exceed 10% of the total project budget amount of this Ageement. The
DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office
and the DEP Contracts Disbursements Office far inclusion in the Agreement file. Changes geater than 10% will
require a formal amendment to the Agreement. No reimbursement will be made that exceeds the grant awazd
amount. An increase in funding or a completion date extension will require a formal written amendment to this
Agreement.
Task L
Equipment Purchase: Purchase of pumpout or waste receptable equipment parts and materials, sales tax, delivery.
The Grantee will purchase authorized pumpout or waste receptacle equipment parts.
Deliverabte: Copy of invoice and proof of payment.
Performance Standard: Documentation will be reviewed to verify invoice has been received and paid.
Financial Consequence: Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement and/or denial of match claim.
Task Timeline: After agreement execution and before project completion date of August 17, 2013.
Budget: Allowable costs for this task are for equipment.
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
DEP 55-240 (4/12)
DEP Agreement No. MVO55, Attachment A-1, Page 2 of 3
Task 2.
Operations of Equipment: The Grantee is responsible for ensuring that the pumpout equipment, pumpout vessel
or dump station operate according to the Pumpout Station Operational Plan.
Deliverable: Copy of Pumpout Station Operational Plan and list of employee names, hourly rate, # of hours
worked, totals, and a copy of the quarterly pumpout report.
Performance Standard: Pumpout Station Operational Plan and quarterly pumpout report will be reviewed to
confirm that the Clean Vessel Act Program requirements are met.
Financial Consequence: Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement and/or denial of match claim.
Task Timeline: After agreement execution and prior project completion date of August 17, 2013.
Budget: Allowable costs for this task are for daily operations of pumpout equipment (salaries and fringe benefits.)
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Task 3.
Maintenance and Repair: The Grantee is responsible for maintaining the pumpout according to manufacturer's
specifications and providing any necessary repairs. This includes salary of the staff or an outside vendor to repair
and maintain the pumpout equipment.
Deliverable: Copy of invoice and proof of payment if done by an outside vendor. List of employee names, hourly
rate of pay, and # of hours worked if work is done by marina staff.
Performance Standard: Documentation will be reviewed to confirm that the necessary maintenance and/or repair
were completed.
Financial Consequence: Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement and/or denial of match claim.
Task Timeline: After agreement execution and prior project completion date of August 17, 2013.
Budget: Allowable costs for this task are for required maintenance and repairs (contractual services, salaries, fringe
benefits.)
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Approved Tasks/Deliverables and Amounts
Tasks Deliverables Total Project Amount
100%
1.Equipment Purchase Purchase of pumpout or waste receptable $2,500.00
equipment parts and materials, sales tax,
delive .
2.Operations of Equipment Copy of Pumpout Station Operational Plan and $35,920.75
list of employee names, hourly rate, # of hours
worked, totals, and a copy of the quarterly
um out re ort.
3.Maintenance and Repair Invoice and proof of payment if done by an $5,829.92
outside vendor. List of employee names, hourly
rate of pay, and # of hours if done by marina
staff.
Total Pro'ect Amount 100% $44 250.67
Total Grant Award Amount 75% $33,188.00
Total Match Amount 25% $11,062.67
DEP 55-240 (4/12)
DEP Agreement No. MVO55, Attachment A-1, Page 3 of 3